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Home My WebLink AboutAGE COUNCIL 2013/05/15 2012-2014 J YOSHIMOTO �`'•�l '"•'!r; BRENDA FORD `P ��' .., GREGGOR ILAGAN Chairperson and Presiding Officer ' I. ��.':!%;,��/, ;. DRU MAMO KANUHA KAREN EOFF _""1° . ZENDO KERN Vice-Chairperson r� � ►• DENNIS"FRESH"ONISHI VALERIE T. POINDEXTER MARGARET WILLE COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 w ralt c-, 13`h Session ORDER OF BUSINESS R s� A7 Hawai`i County Council 25 Aupuni Street Hilo, Hawai`i Wednesday, May 15, 2013 9:00 a.m. INVOCATION Father Gregorio Apuya of Sacred Heart Parish CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE (Note: Please turn cell phones, pagers, and other mobile communication devices on silent mode.) Hawai`i County is an Equal Opportunity Provider and Employer. Hawai‘i County Council-13 May 15, 2013 PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE Waiākea High Presentation of Certificates of Merit Co-Sponsored by Council Chair J Yoshimoto School Air Riflery and Council Member Dennis “Fresh” Onishi recognizing and congratulating the Team: Coaches and Members of the Waiākea High School Warriors 2012 Boys and Girls Air Riflery teams for winning the State Championship titles. Reference: Comm. 273 The Lance Corporal Presentation of a Certificate of Merit Sponsored by Council Member th Hayward Kimo Greggor Ilagan commemorating VFW Post 3830’s 30 Anniversary. Hamili Peleiholani Post, Veterans of Reference: Comm. 274 Foreign Wars Post 3830 (VFW Post 3830): 9:30 A.M.: STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL WILL TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES COMMUNICATIONS Comm. 259: APPOINTMENT OF LAVERNE OMORI AS RESEARCH AND DEVELOPMENT DIRECTOR From Mayor Billy Kenoi, dated April 22, 2013, submitting for Council’s confirmation the above appointment. Waived: GREDC ; and Comm. 259.1: From Mayor Billy Kenoi, dated April 25, 2013, stating that pursuant to the requirements of the County Charter Ms. Omori’s appointment is effective May 1, 2013. Page 2 Hawai‘i County Council-13 May 15, 2013 Comm. 260: NOMINATES MS. THERESA L. ANDREAE (COUNCIL DISTRICT 8) TO THE KAILUA VILLAGE DESIGN COMMISSION From Mayor Billy Kenoi, dated April 18, 2013, submitting for Council’s review and confirmation the above nomination. Waived: PC ORDER OF RESOLUTIONS Res. 99-13: URGES THE ADMINISTRATION TO INSTALL PHOTOVOLTAIC SYSTEMS ON AS MANY COUNTY FACILITIES AS POSSIBLE USING THIRD-PARTY FINANCING SUCH AS SOLAR POWER PURCHASE AGREEMENTS States third-party solar photovoltaic power financing is available for business, residential, and government facilities with no upfront capital cost and with immediate operating savings, and urges the Administration to put out Requests for Proposals for the installation of photovoltaic systems on County facilities. Reference: Comm. 236 Intr. by: Ms. Wille Approve: AWESC-10 Res. 105-13 AUTHORIZES THE DIRECTOR OF FINANCE TO ISSUE A REFUND OF A (Draft 2): ROLLBACK TAX AND PENALTY FOR BREACH OF AN AFFORDABLE HOUSING DEDICATION TOTALING TWO THOUSAND SIX HUNDRED SEVENTY-FOUR AND 93/100 DOLLARS ($2,674.93) The Finance Director desires to reimburse $2,674.93 of the payment made by Barry K. Taniguchi, reflecting a reimbursement of the two-year rollback penalty. Reference: Comm. 247.1 Intr. by: Ms. Poindexter Approve: FC-61 Page 3 Hawai‘i County Council-13 May 15, 2013 Res. 106-13 ACCEPTS THE NEGOTIATED LEASE AGREEMENT FOR HĀMĀKUA (Draft 2): LANDS IDENTIFIED AS TAX MAP KEY (3) 4-3-009-059 WITH FRANK COMMENDADOR, PURSUANT TO SECTION 2-114 OF THE HAWAI‘I COUNTY CODE Resolution 38-11 authorized the lease of certain County of Hawai‘i owned lands in the District of Hāmākua, and required that the negotiated lease agreement for those lands be accepted by the County Council. Reference: Comm. 248.3 Intr. by: Ms. Poindexter Approve: FC-63 ; and Comm. 248.4: From Council Member Valerie T. Poindexter, dated May 2, 2013, transmitting a proposed amendment to Resolution 106-13, Draft 2. The amendment conforms the reference to the lease agreement now labeled as “Exhibit “A” Draft 2” to its corresponding references within the resolution. Res. 107-13: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI‘I BY AMENDING RULE NO. 5, COMMITTEES, RELATING TO THE ABILITY OF A COMMITTEE CHAIRPERSON TO SPEAK ON MATTERS BEFORE HIS OR HER COMMITTEE Allows a Committee Chairperson to speak on a matter without relinquishing the Chair, provided all Members of the Committee have had an opportunity to speak and the Chairperson is not the introducer of the item considered. Reference: Comm. 255 Intr. by: Mr. Kern Postponed: May 1, 2013 (Note: There is a pending motion by Mr. Kern and duly seconded by Mr. Kanuha to approve Resolution 107-13.) Page 4 Hawai‘i County Council-13 May 15, 2013 Res. 110-13: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF AGRICULTURE, PURSUANT TO HRS 46-7, FOR A GRANT TO SUPPORT THE DEVELOPMENT OF A FOOD PROCESSING FACILITY IN THE HILO/HĀMĀKUA AREA The proposed facility will enable locally produced fruits and vegetables to be created into value added products. Reference: Comm. 268 Intr. by: Ms. Poindexter Waived: FC Res. 111-13: REQUESTS THE LEGISLATIVE AUDITOR TO CONDUCT A FINANCIAL AUDIT OF THE COUNTY CLERK AND THE OFFICE OF ELECTIONS REGARDING THE 2012 PRIMARY AND GENERAL ELECTIONS AND TO TRANSMIT THE AUDIT BY JULY 15, 2013 The financial audit will determine how much money and to what purpose the County Clerk and the Office of Elections spent to conduct the 2012 primary and general elections. Reference: Comm. 272 Intr. by: Mr. Onishi Waived: FC ; and Comm. 272.1: From Council Member Brenda J. Ford, dated May 8, 2013, transmitting proposed amendments to Resolution 111-13. The amendments relate to the Legislative Auditor including in its financial audit the 2008 and 2010 election cycles. Res. 114-13: ADVISES THE CORPORATION COUNSEL TO ACCEPT THE CIRCUIT COURT DECISION IN THE RICHARD AND PATRICIA MISSLER VERSUS COUNTY OF HAWAI‘I BOARD OF APPEALS, MALAMA INVESTMENTS LLC, LOREN AND MARY SAXTON, AND B. J. LEITHEAD-TODD CASE, AND FORGO APPEAL OF SAID CASE The Council believes that the County should accept the Circuit Court’s decision as an appropriate interpretation of law concerning the above-referenced case with regard to the proposed Planned Unit Development at issue in this case. Reference: Comm. 277 Intr. by: Ms. Wille Waived: AWESC Page 5 Hawai‘i County Council-13 May 15, 2013 BILLS FOR ORDINANCES (FIRST READING) Bill 61: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Improves traffic safety at Keonepoko Elementary School during student drop-off and pick-up times. Amends Section 24-280, Schedule 28, No parking at anytime, subsection (g), Puna, by adding, “Kahakai Boulevard, northeast (makai) side, between the two driveways of Keonepoko Elementary School along the southwest property line of parcel number 1-5-009:059.” Reference: Comm. 241 Intr. by: Mr. Kanuha Approve: PWPRC-18 Bill 62: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 8, SECTION 24-293 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO RESTRICTION ON CERTAIN VEHICLES Amends the Hawai‘i County Code in accordance with the Māmalahoa Highway Bypass Road project. Amends Schedule 41, Use of certain streets by certain vehicles restricted, subsection (f), under paragraph (1), by deleting items (D) and (E) concerning vehicles having a gross vehicle weight rating of three or more tons; and under paragraph (3), by deleting items (A), (B), and (C) concerning bicycles, mopeds, and motor scooters. Reference: Comm. 242 Intr. by: Mr. Kanuha Approve: PWPRC-19 Bill 63: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280 OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO PARKING Revises the existing no parking at anytime zone to include the Keauhou Punahele driveway and a 75-foot portion of Ali‘i Drive north of Kaleiopapa Street. Amends Schedule 28, No parking at anytime, subsection (f), by adding, “Ali‘i Drive, west (makai side), from a point seventy-five feet north of Kaleiopapa Street and extending four hundred twenty-two feet in the southerly direction.” Reference: Comm. 243 Intr. by: Mr. Kanuha Approve: PWPRC-20 Page 6 Hawai‘i County Council-13 May 15, 2013 Bill 65: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-53(j), OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO BREACH OF AFFORDABLE RENTAL HOUSING CLASS Replaces the two year plus current year rollback penalty with a rollback penalty to the date of the classification, but no more than the current year. Reference: Comm. 247 Intr. by: Ms. Poindexter Approve: FC-62 Bill 72: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013, RELATING TO THE TRANSFER OF FUNDS TO THE PUBLIC ACCESS, OPEN SPACE AND NATURAL RESOURCES PRESERVATION FUND Increases revenues in Real Property Tax Interest ($290,000); and appropriates same to Transfer to Public Access/Open Space Preservation (PONC) Fund. Real property tax interest revenues are expected to exceed the amount budgeted for FY 2012-13, requiring additional funds be transferred into the PONC account in order to be in compliance with Section 10-15 of the County Charter. Reference: Comm. 262 Intr. by: Ms. Poindexter Waived: FC Bill 73: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – HOME Program ($1,050,279); and appropriates same to Na Kahua Hale O Ulu Wini. Funds will be used towards vertical construction of the final phase of the Office of Housing and Community Development’s Ulu Wini project, consisting of 20 two-bedroom units. Reference: Comm. 263 Intr. by: Ms. Poindexter Waived: FC Page 7 Hawai‘i County Council-13 May 15, 2013 Bill 74: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Workforce Investment Act (WIA) ($1,521,232); and appropriates to the following: WIA – Administration Planning 2013-14 ($152,121), WIA – Adult Program 2013-14 ($495,316), WIA – Dislocated Worker Program 2013-14 ($405,276), and WIA – Youth Program 2013-14 ($468,519), for a total of $1,521,232. Funds will be used by the Office of Housing and Community Development’s Program Year WIA program to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 264 Intr. by: Ms. Poindexter Waived: FC Bill 76: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in State Grants – Agriculture Production and Processing Facility ($60,000); and appropriates same to Agriculture Production and Processing Facility. Reference: Comm. 268 Intr. by: Ms. Poindexter Waived: FC Bill 77: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Appropriates revenues in Fund Balance Reserved for Liquor Control ($222,300); and appropriates same to Liquor Control Other Current Expense. Resolution 21-13 authorized the acquisition of private property by eminent domain located at Hilo Lagoon Centre, Suite 229B, which will be renovated and made ADA compliant for the Liquor Control Department for use as a conference room. Reference: Comm. 269 Intr. by: Ms. Poindexter Waived: FC Page 8 Hawai‘i County Council-13 May 15, 2013 ORDER OF THE DAY (SECOND OR FINAL READING) Bill 58: AMENDS CHAPTER 14, ARTICLE 9, SECTION 14-55 (Tables) OF THE HAWAI‘I COUNTY CODE 1983 (2005 EDITION, AS AMENDED) Allows for the use of Class II LED fixtures within all private and public right-of-ways by amending Table 14-A (deletes the language in “Operation Restrictions” and replaces it with “None”). Reference: Comm. 223 Intr. by: Mr. Kanuha First Reading: May 1, 2013 Bill 60: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal – 2013 Block Grant ($2,500,000) and Block Grant – Program Income ($75,000), for a total of $2,575,000; and appropriates to the following: Waiākea Fire Station – Fire Ladder Truck Acquisition ($800,000), Removal of Architectural Barriers – Americans with Disabilities Act Compliance – Various County Facilities ($705,000), Kamakoa Mutual Self-Help Housing – Land Acquisition ($200,000), Boys and Girls Club of the Big Island – Certified Kitchen Construction ($320,000), Hilo Adult Day Care – Plans and Design ($200,000), and Administration, Planning & Fair Housing ($350,000), for a total of $2,575,000. Reference: Comm. 239 Intr. by: Mr. Ilagan First Reading: May 1, 2013 Bill 66: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Hawai‘i Impact Grant ($72,964); and appropriates same to Hawai‘i Impact Grant. Funds will be used by the Police Department to conduct sting operations to combat Hawai‘i Island’s methamphetamine drug problem. Reference: Comm. 249 Intr. by: Ms. Poindexter First Reading: May 1, 2013 Page 9 Hawai‘i County Council-13 May 15, 2013 Bill 67: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in State Grants – Department of Health – Tobacco Sting ($12,000); and appropriates same to Department of Health – Tobacco Sting. Funds will be used by the Police Department to provide continued enforcement operations to prohibit the sale of tobacco to minors, and extends the performance period from August 1, 2013, to July 31, 2014 (reference Memorandum of Agreement 13-06 with the State Department of Health Alcohol and Drug Abuse Division). Reference: Comm. 250 Intr. by: Ms. Poindexter First Reading: May 1, 2013 Bill 68: AMENDS ORDINANCE NO. 12-86, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI‘I FOR THE FISCAL YEAR ENDING JUNE 30, 2013 Increases revenues in Federal Grants – Enforcement State Law Prohibiting Alcohol Sales to Minors ($12,000); and appropriates same to Enforcement State Law Prohibiting Alcohol Sales to Minors. Funds will be used by the Police Department to provide continued enforcement operations to prohibit the sale of alcohol to minors, and extends the performance period from June 1, 2013, to May 31, 2014 (reference Memorandum of Agreement 12-13 with the State Department of Health Alcohol and Drug Abuse Division). Reference: Comm. 251 Intr. by: Ms. Poindexter First Reading: May 1, 2013 REPORTS Financial Report: Monthly Budget Status Report for the Month Ended March 31, 2013, from the Department of Finance. PWPRC-21: Recommends the confirmation of the appointment of Mr. Wayne T. Nishijima to (Comm. 252) the Veterans Advisory Committee. PWPRC-22: Recommends the confirmation of the appointment of Mr. John S. Okino to the (Comm. 252) Veterans Advisory Committee. Page 10 Hawai‘i County Council-13 May 15, 2013 REFERRALS FOR EXECUTIVE SESSION A 2/3 vote pursuant to Hawai‘i Revised Statutes, Section 92-4 and Rules No. 2 and No. 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to consideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. The meeting places are accessible for persons with disabilities. Persons who need special May 13, 2013 accommodations for this meeting should call 961-8255 by . Relay users please call 711(961-8255) to contact our office. Public attendance via videoconference is available at the following locations until 4:30 p.m. or later in the event public witness testimony has not been completed:  Kona Council Office, West Hawaii Civic Center, 74-5044 Ane Keohokālole Highway, Building A  Waimea Council Office, Holomua Center, 64-1067 Māmalahoa Highway, Suite 5  Pāhoa Council Office, Pāhoa Marketplace, 15-2660 Pāhoa Village Road, Room 304 Public attendance via videoconference is also available at the following location until 3:00 p.m. or later in the event public witness testimony has not been completed:  Hawaiian Ocean View Estates Community Center, 92-8924 Leilani Circle If for technical or other unanticipated circumstances the video connection cannot be made and/or is disrupted, the scheduled meeting will continue. Copies of this agenda and items listed on the agenda are available on the County Council-Clerk web page at http://www.hawaiicounty.gov/lb-council-meeting. For further information, please call 961-8255. fourteen (14) Submitting Testimony: Those submitting written testimony at the meeting should bring before 12:00 noon on the business copies for distribution. Public testimony may also be submitted day prior to the meeting :(1) by mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720; (2) by facsimile to (808) 961-8912; or (3) by e-mail to Please submit separate testimony for each item. counciltestimony@co.hawaii.hi.us. Page 11 Hawai‘i County Council-13 May 15, 2013 Submitting Video Testimony: Those submitting video testimony may e-mail a complete web address before 12:00 noon on the business day prior to the (url) to videotestimony@hawaiicounty.gov meeting . The e-mail shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video Each video submittal shall be limited to a single agenda item submittal. . Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Allowable video formats are to be internet-based, downloadable, and accessible to this office and the general public; e.g. YouTube being the most commonly known but any, of similar functionality and format we can access and review, is acceptable. Viewing of Meetings on Government Access Television - Channel 55: ndthth Wednesdays, May 22 and 29 (to follow the viewing of the May 13 meeting which is scheduled to thstth start at 6 p.m.); Fridays, May 24 and 31 (to follow the viewing of the May 13 meeting which is thnd scheduled to start at 12 p.m.); and Sundays, May 26 and June 2 (to follow the viewing of the th May 13 meeting which is scheduled to start at 9 a.m.) (These airtimes are subject to preemption by broadcasts from the State Legislature, and are subject to change by Na Leo ‘O Hawai‘i. Please check the current legislative broadcast schedule on the Na Leo ‘O Hawai‘i website at http://www.naleo.tv/tv-schedules/channel-52/.) UPCOMING MEETINGS THURSDAY, MAY 30, 2013 SPECIAL MEETING OF 9:00 A.M. COUNCIL ROOM - HILO THE COUNCIL 25 Aupuni Street TUESDAY, JUNE 4, 2013 COMMITTEES TBA WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A WEDNESDAY, JUNE 5, 2013 COUNCIL 9:00 A.M. WEST HAWAI‘I CIVIC CENTER 74-5044 Ane Keohokālole Highway Building A Page 12